|
These Conditions (defined below) apply to the use of the Website (defined below).
Registering as a User (defined below) of this Website and/or making a Purchase (defined
below), will be governed by these Conditions and we expect you to read through them
carefully. If you do not agree to these Conditions, you may not use or access this
Website or make a Purchase.
1. Definitions
1.1 In these Terms and Conditions, the following words shall have the meanings set
opposite:-
"BookSource" means BookSource Limited a company
incorporated under the Companies Act
(Registered Company Number: 05167419)
and having its registered office address at
Mofo Notices Limited, City Point, 1 Rope
Maker Street, London, EC2Y 9AW, and
having a place of business at 50
Cambuslang Road, Cambuslang, Glasgow,
G32 8NB, being the company we use to
distribute goods (other than Downloads) to
you;
"Conditions" means these terms and conditions;
"Downloads" means goods advertised for sale or
otherwise made available on the Website,
published by us and made available in
downloadable format through this Website;
"Goods" means goods advertised for sale on the
Website, namely walking books and other
information published by us, available in
physical format through this Website;
"Intellectual Property" means patents, rights to inventions,
copyright and related rights, moral rights,
trade marks and service marks, trade
names, domain names, rights to goodwill,
rights in designs, rights in computer
software (including source code and object
code), database rights, rights in
confidential information (including know-
how and trade secrets) and any other
intellectual property rights, in each case
whether registered or unregistered and
including all applications (or rights to
apply) for, and renewals or extensions of,
such rights and similar or equivalent rights
which subsist or will subsist now or in the
future in any part of the world;
"Order" means a request to purchase
Goods/Downloads submitted through the
Website;
"Personal Information" means the information provided by you, on
registering with the Website or making a
Purchase from the Website;
"Purchase" means a purchase of Goods/Downloads
advertised on the Website made by you
submitting an Order as detailed in
paragraph 4 and making payment for
Goods/Downloads as detailed in paragraph
"Users" means a user of the Website;
"We", "Us" or "Our" means Hallewell Publications, being a
partnership, with a business address at The
Milton, Foss, Pitlochry, Perthshire, PH16 5NQ;
"Website" means the website located at
www.pocketwalks.com or any subsequent
URL which may replace it.
2. Access
You are provided with access to this Website in accordance with these Conditions
and any Purchases made by you must be made in accordance with these
Conditions.
3. Registration
3.1 To make a Purchase you are obliged to register with this Website and provide
certain Personal Information, to Us. Failure to register with the Website means
you will be unable to make a Purchase on the Website.
3.2 You shall ensure that any Personal Information which you are required to provide
when you register with this Website is true, accurate, current and complete in all
respects.
3.3 You must be aged 18 or older to purchase Goods and/or Downloads from this
Website.
3.4 You will notify Us immediately of any changes to any Personal Information
supplied to Us.
3.5 You agree not to impersonate any other person or entity or to use a false name
or a name that you are not authorised to use when using this Website.
3.6 As part of the registration of this Website you will require to choose a password,
which must be kept confidential. The password should be used by you to access
the Website and make Purchases. You should not allow any third party to
become aware of your password and/or allow unauthorised access to your
account. You are obliged to inform Us immediately if you have any reason to
believe that your password has become known to anyone else, or if your
password is being, or is likely to be, used in an unauthorised manner.
3.7 We reserve the right, at our reasonable discretion, to refuse access to the
Website and/or terminate registration of any User for any reason.
3.8 Any and all Personal Information you provide will be held in strict accordance with
Our Privacy Policy at paragraph 8 below.
4. Purchasing Goods from the Website
4.1 Goods/Downloads are purchased from the Website by the User submitting an
Order on the Website. This process involves the following steps:-
4.1.1 You can view the Goods and/or Downloads available for purchase by
clicking on the "walking books" or "shop" buttons on
the Website.
4.1.2 You can select Goods and/or Downloads by adding these to your shopping
basket by clicking the "add to basket" button. The cost of delivery of the
Goods and/or Downloads shall also be detailed.
4.1.3 Once you have finished shopping, click on the "checkout" button. You will
then be asked to input your email and password. At this point, new
customers will be required to register with the Website, as detailed in
Paragraph 3 above.
4.1.4 After confirmation of your email and password, you will proceed to the
checkout, where at this stage you will leave Our Website and be directed
to the Secure Trading secure payment gateway ("Secure Trading") where
you will be required to input payment details to complete the Order.
Please note that your card details are never stored on Our servers.
4.2 Once We have received your Order and payment for the Goods/Downloads, We
will then send you a confirmation email, confirming your Order and the delivery
details. The confirmation email, will be headed up "New Order Placed". Only at
this stage will your Purchase be complete and the contract between you and Us
formed.
4.3 If Goods are out of stock, you will be informed when you try to add them to
your shopping basket.
4.4 Goods or Downloads which have been ordered will be delivered in accordance
with Paragraph 5.
5. Payment and Delivery
5.1 Payment can be made by credit or debit card. All card transactions are processed
through Secure Trading. Secure Trading accepts payment through Visa,
MasterCard, Switch and Maestro, but is unable to accept payment through Solo,
American Express, Diners Club or Laser cards.
5.2 All credit/debit card purchases are subject to validation checks and authorisation
by the card issuer. If the issuer of your payment card refuses to or does not for
any reason authorise payment to Us, We will not accept your Purchase.
5.3 All prices are inclusive of VAT where applicable at the current rates and are
correct at the time of entering the information on to the Website.
5.4 Once your Order has been confirmed, in accordance with paragraph 4.2 above,
your details shall be passed to BookSource who will process the Order and
dispatch the Goods by Royal Mail within 3 to 5 days of receipt of payment by us.
Goods will be sent second class post. Delivery will be detailed in the confirmation
email referred to in paragraph 4.2 above. Alternatively, express delivery can be
arranged at an additional cost. Should you wish your Order to be delivered by
express delivery, please contact BookSource on 0845 3700067.
5.5 Downloads will be sent directly to your email address, in pdf format, as soon as
your Order has been confirmed and payment has been received by us, but not
later than 3 working days from the date of your Order.
6. Cancellations and Refunds
Goods
6.1 Users wishing to cancel an Order before the Goods are despatched can do so by
emailing info@pocketwalks.com . Goods can also be cancelled up to 14 days after
the day on which you receive such Goods. Any Goods cancelled after this time
will not be eligible for a refund. Please email info@pocketwalks.com to cancel
your Goods. On receipt of your email cancelling the Goods, we will send you a
returns label for you to return the Goods. If Goods have been despatched, but
you have not yet received them when you cancel your Order, we will send you a
returns label to return the Goods to Us, once received by you. Please note,
Goods must be returned to Us in the same condition as you receive them. Goods
which are returned damaged will not be eligible for a refund.
6.2 Refunds will be made to your credit card or debit card once the cancelled Goods
are returned and received by Us. Except as detailed in paragraph 6.3 below,
postage will not be refunded under any circumstances. Refunds will be made
within 7 working days after We received the Goods.
6.3 If you receive a Goods which are faulty and/or damaged please contact
BookSource at customerservice@booksource.net or by telephone on 0845 370
0067, to whom the books should be returned. We will refund the cost of
returning any Goods which are faulty and/or damaged. The cost of returning the
Goods will be refunded within seven days of BookSource receiving the Goods and
notifying Us that the Goods have been received by them.
Downloads
6.4 You have the right to cancel a Download up to 7 working days beginning the day
after receipt of the confirmation email, detailed in Paragraph 4.2. However, your
right to cancel an Order for a Download shall end as soon as the Download is
made available to you. Due to their nature, Downloads cannot be cancelled or
refunded once they have been made available to you.
7. The Website
7.1 We reserve the right to modify or withdraw temporarily or permanently this
Website and/or Conditions or any part thereof with or without notice to you and
you confirm that we shall not be liable to you or any third party for any
modification to or withdrawal of the Website and/or to change these Conditions
from time to time. It is your responsibility to check regularly to determine
whether these Conditions have been changed each time you make a Purchase.
7.2 Our Website does not use cookies.
7.3 We have not reviewed any third party websites that may link to and from or
recommend this Website. We are not responsible for the content of any linked
pages or other websites linked to this Website. We have no responsibility or
liability arising from the content of any linked pages or linked sites or for any
error, defamation, omission, obscenity, inaccuracy contained in the information
therein.
7.4 Advertisements placed on this Website are provided on an "as basis" and "as
available" basis without any representation or endorsement made. We have not
reviewed the accuracy of such advertisements and have no responsibility or
liability arising from the content of such advertisements to the fullest extent of the
law.
8. Privacy Policy
8.1 When you register with the Website We will collect and hold Personal Information
about you. We will collect the following details from you:- your name, full postal
address, a contact telephone number, email address, password, and delivery
address.
8.2 All Personal Information collected will be used and held in accordance with the
Data Protection Act 1998.
8.3 We will be happy to answer any enqumes from you regarding the Personal
Information We hold about you or the use We make of it. You also have the right
under the Data Protection Act 1998 to know about the information We hold about
you. This is known as a "Subject Access Request". Subject Access Requests
should be made in writing, to Hallewell Publications, The Milton, Foss, Pitlochry,
Perthshire, PH16 5NQ. We may charge a small fee for processing a Subject
Access Request. If you wish to correct, update, amend or remove any
information We hold about you, you can do so by emailing
info@pocketwalks.com . To verify your identity, We shall ask you for your email
address and password.
8.4 Personal Information is collected to enable you to Order and to purchase Goods
or Downloads from the Website and to allow Us to be able to process and deliver
Orders to you. Personal Information will be passed to BookSource for the sole
purpose of distributing Goods to you. Your credit card details will be processed by
Secure Trading and shall not be used for any other purpose. BookSource and
Secure Trading will not pass your details on to any other party or use your
Personal Information for marketing purposes.
8.5 From time to time, where you have given Us permission to do so, We may use
your Personal Information to let you know about other products and special offers
We provide and also to provide news about Our business where you have
indicated, by opting-in, that you wish to receive such information. Should you no
longer wish to be contacted by Us about such services after you have opted-in,
please contact Us by email at info@pocketwalks.com .
8.6 Other than BookSource and Secure Trading, We will never pass your Personal
Information to any third party, but reserve the right to access and disclose
Personal Information to comply with the applicable laws and lawful government
requests, requests by the Police investigating suspected illegal activities and to
operate Our systems properly, administer the Website or to protect Ourselves or
other website users.
8.7 We will use appropriate physical, electronic and managerial security measures to
try to prevent Personal Information from being accessed by unauthorised persons
and to ensure that you may input Personal Information safely. We shall verify
your identity by asking you for your email address and password you have
chosen.
8.8 We will dispose of your Personal Information which is no longer of any use to Us.
Your Personal Information will be disposed of in strict accordance with the Data
Protection Act 1998.
8.9 For the avoidance of doubt, We will never transfer your Personal Information
outwith the United Kingdom and We do not hold any credit card information on
our servers.
9. Customer Service
In the event of a query or complaint about the Website, our Goods or our service,
please contact us by telephone on 01882 634254 or by writing at Hallewell
Publications, The Milton, Foss, Pitlochry, Perthshire, PH16 5NQ or emailing to
info@pocketwalks.com .
10. Intellectual Property and Right to Use the Website
10.1 You acknowledge and agree that all Intellectual Property Rights in all material or
content supplied as part of the Website shall remain at all times vested in
Hallewell Publications. You are permitted to use this Website and the material
contained therein only as expressly authorised by Us.
10.2 You acknowledge and agree that the material and content contained within the
Website is made available for you as a User of the Website for the purpose of
browsing or making a Purchase. You may (if necessary to make a Purchase)
download such material and content for such purpose. Any other use of the
material and content of the Website is strictly prohibited. You agree not to assist
or facilitate any third party to copy, reproduce, transmit, publish, display,
distribute, commercially exploit or create derivative works of such material and
content of the Website. You further agree that you shall not, and shall not assist
or facilitate any third party to, systematically extract and/or re-utilise parts of the
contents of the Website and in particular, you may not utilise any data mining,
robots, or similar data gathering and extraction tools to extract (whether once or
many times) for re-utilisation any substantial parts of this Website. You may not
create and/or publish your own database that features substantial parts of this
Website.
11. Compliance with Laws
This Website may be used by you only for lawful purposes and in a lawful
manner. You agree to comply with all applicable laws, statutes and regulations
regarding the Website and any transactions conducted on or through this
Website.
12. Limitation of Liability
12.1 Goods and Downloads are sold at the prices shown on the Website. If there is any
discrepancy between the price shown and the sum charged to you, please advise
Us immediately by contacting info@pocketwalks.com . However, information
presented on the Website is believed to be accurate but should not be relied upon
by the User for any particular purpose. We shall not be liable for the content or
any omissions from the Website, including any inaccuracies, errors or
misstatements in the data available.
12.2 This Website and the Goods and Downloads are available for private use only. We
shall not be responsible for any claims, losses or damages, whether direct or
indirect, including but not limited to loss of data, or loss arising from unauthorised
access of the Website, loss of profit, or any consequential or special loss
whatsoever.
12.3 Subject to Condition 12.4 below, Our entire and aggregate liability to you arising
under these Conditions or otherwise, including under the laws of negligence shall
be limited to the sum of Five Hundred Pounds Sterling (£500).
12.4 Nothing in the Conditions shall exclude or limit Our liability for death or personal
injury resulting from Our negligence or that of Our representatives, agents or
employees.
13. Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason
unenforceable then that provision shall be deemed to be severable from the
Conditions and shall not affect the validity and enforceability of any of the
remaining provisions of the Conditions.
14. Waiver
No failures to exercise and no delay in exerosinq on our part of any right or
privilege under these Conditions shall operate as a waiver thereof. A waiver by
Us of any breach of the Conditions shall not prevent the subsequent enforcement
of that provision and shall not be deemed to be a waiver of any subsequent
breach of that or any other provision.
15. Entire Agreement
These Conditions govern Our relationship with you and represent the entire
understanding of the subject matter. We confirm that in agreeing to accept these
Conditions you have not relied on any prior representation or communications.
16. Governing Law
These Conditions shall be governed by and construed in accordance with Scots
law and the parties hereby submit to the exclusive jurisdiction of the Scottish
courts.
17. Statutory Rights
These Conditions do not affect your rights under law and for more information on
what these rights are We would suggest that you contact your local Citizens'
Advice Bureau.
I understand and accept these Terms and Conditions.
|
